The term “cable system,” as defined in federal law and as set forth in Article I of this chapter, does not include a facility that serves subscribers without using any public rights-of-way. Consequently, the categories of multichannel video programming distributors identified below are not deemed to be “cable systems” and are therefore exempt under federal law from the city’s franchise requirements and from certain other local regulatory provisions authorized by federal law, provided that their distribution or transmission facilities do not involve the use of any public rights-of-way.
A. 
Multichannel multipoint distribution service (“MMDS”), also known as “wireless cable,” which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology.
B. 
Local multipoint distribution service (“LMDS”), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services.
C. 
Direct broadcast satellite (“DBS”), also referred to as “direct-to-home satellite services,” which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:
1. 
47 U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services.
2. 
Section 602 of the Communications Act states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms “tax” and “fee” are defined by federal statute to mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction.
(Ord. 06-001 § 1 (part), 2006)
A. 
Unless the customer protection and customer service obligations of a video provider, as that term is defined in Article I of this chapter, are specified in a franchise, license, lease, or similar written agreement with the city, a video provider must comply with all applicable provisions of the following state statutes:
1. 
The Cable Television and Video Customer Service and Information Act (Government Code Section 53054, et seq.);
2. 
The Video Customer Service Act (Government Code Section 53088, et seq.).
B. 
The city’s jurisdiction on the effective date of this chapter, or that intend to operate in this jurisdiction after the effective date of this chapter, must register with the city; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the city. The registration form must include or be accompanied by the following:
1. 
The video provider’s name, address, and local telephone numbers, including a twenty-four hour telephone number for emergency service;
2. 
The names of the officers, the general manager, and principal technical staff members of the video provider;
3. 
A copy of the video provider’s written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code Section 53054, et seq. These customer service standards must include, without limitation, standards regarding the following:
a. 
Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling,
b. 
Customer service telephone and office hours,
c. 
Procedures for billing, charges, refunds, and credits,
d. 
Procedures for termination of service,
e. 
Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates,
f. 
Complaint procedures and procedures for bill dispute resolution,
g. 
The video provider’s written commitment to distribute annually to the city, and to the provider’s employees and customers, a notice describing the customer service standards specified above in subsections (B)(3)(a) through (B)(3)(f). This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code Section 53055.2;
4. 
Unless a video provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the city to cover the costs reasonably incurred by the city in reviewing and processing the registration form;
5. 
In addition to the registration fee specified above in subsection (B)(4), the written commitment of the video provider to pay to the city, when due, all costs and expenses reasonably incurred by the city in resolving any disputes between the video provider and its subscribers, which dispute resolution is mandated by Government Code Section 53088.2(o).
C. 
The city may establish by ordinance a schedule of monetary penalties for the material breach by a video provider of its obligations under subsections (a) through (n) of Government Code Section 53088.2. As used herein, the term “material breach” means any substantial and repeated failure to comply with the consumer service standards set forth in Government Code Section 53088.2. The provisions of that ordinance must be consistent with the provisions of Government Code Section 53088.2. The schedule of monetary penalties may also impose a penalty, as authorized by Government Code Section 53056(a), for the failure of a video provider to distribute the annual notice required by Government Code Section 53055.1, which penalty may not exceed five hundred dollars for each year in which the notice is not distributed as required by state statute.
(Ord. 06-001 § 1 (part), 2006)